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Bounty hunter
s or s for a .}} The occupation, also known as bail enforcement agent, bail agent, recovery agent, bail recovery agents, or fugitive recovery agent, has historically existed in many parts of the world. However, today, and its former commonwealth, the , as the practice is illegal under the laws of most other countries.}} Illinois, Kentucky, Oregon and Wisconsin have outlawed commercial bail bonds. .}} United States History The Old West In 1873, the ruled that bounty hunters were a part of the U.S. law enforcement system with a decision in : and if it cannot be done at once, they may imprison him until it can be done. They may exercise their rights in person or by agent. They may pursue him into another state; may arrest him on the Sabbath; The seizure is not made by virtue of due process. None is needed. It is likened to the arrest by the of an escaped prisoner.}} Modern times In modern times, bounty hunters are known as bail enforcement agent or fugitive recovery agents ( ), and carry out arrests mostly of those who have skipped bail. The term "bounty hunting" is neither often used nor liked by many in the profession due to its historical associations. Bounty hunters are sometimes misleadingly called s, where skiptracing is searching for an individual through less direct methods than active pursuit and apprehension. When undertaking arrest warrants, agents may wear , badges, and other clothing bearing the inscription "bail enforcement agent" or similar titles. Many agents also use s to communicate with each other. Many agents arm themselves with firearms; or sometimes with less lethal weapons, such as s, , ( , ) or . In the United States, the National Association of Fugitive Recovery Agents is the professional association representing this industry. Practice Most bounty hunters are employed by : the bounty hunter is usually paid about 18% of the total amount, but this commission can vary on an individual, case-by-case basis; usually depending upon the difficulty level of the assignment and the approach used to exonerate the bail bond. If the fugitive eludes bail, the bondsman, not the bounty hunter, is responsible for 100% of the total bail amount. This is a way of ensuring clients arrive at trial. As of 2003, bounty hunters claimed to catch 31,500 bail jumpers per year, about 90% of people who jump bail. Bounty hunters have varying levels of authority in their duties with regard to their targets depending on which states they operate in. without a in order to execute a re-arrest.}} A bounty hunter cannot, however, enter the property of anyone other than the fugitive without a warrant or the owner's permission. In other states, however, they are held to varying standards of training and . State legal requirements are often imposed on out-of-state bounty hunters, so a fugitive could temporarily escape rearrest by entering a state in which the bail agent has limited or no jurisdiction. Laws and regulation In the United States legal system, the 1873 case , 16 Wall (83 U.S. 366, 21 L.Ed. 287), is cited as having established that the person into whose custody an accused is remanded as part of the accuser's has sweeping rights to that person. Though this may have been accurate at the time the decision was reached, the portion cited was and has no binding precedential value. As of 2008, four states, , , , and prohibited the practice, as they have abolished commercial bail bonds and banned the commercial bail bonds industry within their borders. As of 2012, and similarly prohibit surety bail bonds. Some states such as Texas and California require a license to engage in bounty hunting while others may have no restrictions. There have been some states that have rolled out specific laws that govern bounty hunting. For example, Minnesota laws provide that a bounty hunter cannot drive a white, black, maroon, or dark green vehicle, or wear any colors that are reserved for the police in the state (e.g. maroon, which is worn by the Minnesota Highway Patrol). Connecticut The State of has a detailed licensing process which requires any person who wants to engage in the business as a bail enforcement agent (bounty hunter) to first obtain a professional license from the Commissioner of Public Safety; specifically detailing that "No person shall, as surety on a bond in a criminal proceeding or as an agent of such surety, engage in the business of taking or attempting to take into custody the principal on the bond who has failed to appear in court and for whom a re-arrest warrant or capias has been issued unless such person is licensed as a bail enforcement agent". Connecticut has strict standards which require Bail Enforcement Agents to pass an extensive background check and, while engaging in fugitive recovery operations, be uniformed, notify the local police barrack, wear a badge, and only carry licensed and approved firearms, including handguns and long guns which are permitted. Recently converted its Bail Enforcement Agent licensing unit to reflect the important role Bail Enforcement Agents play in the Connecticut criminal justice system; placing them in the newly defined Department of Emergency Services and Public Protection. Several schools in Connecticut have obtained certification by the Connecticut State Police to pre-license Bail Enforcement Agents in a minimum of 20 hours of criminal justice training and a minimum of eight hours of firearms training. Some of the more advanced schools offer specialized training in the area of tactical firearms to prepare BEAs for conducting dangerous recovery operations. Florida In , a bounty hunter must obtain a "limited surety agent" license from the , Bureau of Agent and Agency Licensing, in order to legally apprehend bail fugitives. Louisiana requires bounty hunters to wear clothing identifying them as such. Nevada A bounty hunter is referred to as a bail enforcement agent or bail enforcement solicitor. It requires a minimum 20 hours of training, passing examinations and obtaining a bail enforcement agent license by the Nevada Division of Insurance within nine months of employment as a bail agent. To acquire such license one must be at least 21 years old, a United States citizen, have a high school diploma or equivalent, undergo the extensive training and pass a state examination. Texas A bounty hunter is required to be a peace officer, Level III (armed) , or a . International action by U.S. bounty hunters International extradition exists only by authority of an international treaty with the nation where the fugitive is located. Extradition treaties limit extradition to certain offenses and not all fugitives can be extradited. Generally, the crime being charged against the fugitive must be recognized as a crime in the jurisdiction from which extradition is being sought. While the United States government and most states recognize a bail agent or fugitive recovery agent's powers of arrest, the governments in other countries, including sovereign indian territories within the U.S., do not recognize a bail agent's or fugitive recovery agent's powers of arrest. Bounty hunter , star of the TV series , was arrested in after he apprehended the multi-millionaire rapist and fugitive . Chapman was subsequently released and returned to the U.S. but was later declared a fugitive by a Mexican prosecutor and was subsequently arrested in the United States to be extradited back to Mexico. Chapman has maintained that under Mexico's citizen arrest law, he and his crew acted under proper policy. Daniel Kear of pursued and apprehended at a residence in and returned him to to face trial. Kear was extradited to Canada in 1983, and convicted of kidnapping. Several bounty hunters have been arrested for killing the fugitive or apprehending the wrong individuals, mistaking innocent people for fugitives. Unlike police officers, they have no legal protections against injuries to non-fugitives and few legal protections against injuries to their targets. In a Texas case, bounty hunters Richard James and his partner DG Pearson were arrested in 2001 for felony charges during an arrest. The charges were levied by the fugitive and his family, but were later dismissed against the hunters after the fugitive's wife shot a deputy sheriff in another arrest attempt of the fugitive by the county sheriff's department. The hunters sued the fugitive and family, winning the civil suit for with a judgment amount of $1.5 million. References Category:Police